약정금
The Defendants jointly and severally agreed to the Plaintiff KRW 49,500,000, and 5% per annum from January 1, 2018 to July 6, 2020.
1. Facts of recognition;
A. On April 19, 2017, the Plaintiff entered into a real estate consulting service agreement with the Defendants and paid the Defendants KRW 50,000,000 to lease the building on the Seocho-gu Seoul Metropolitan Government D ground.
B. On September 14, 2017, the Defendants failed to perform consulting services under the foregoing service agreement, prepared an agreement on the repayment of real estate service costs (hereinafter “instant agreement”) with the following terms and conditions to the Plaintiff, and on May 9, 2018, a notary public drafted and issued a notarized deed with the Ministry of Justice No. 2300 on May 2017, 2017.
Services subject: Seocho-gu Seoul Metropolitan Government D Rental Construction Costs: The Defendants agree to return services costs of KRW 45,00,000 paid on April 19, 2017, the principal amount of KRW 45,000 ( KRW 45,000,000) to the service clients until December 31, 2017, regardless of the reasons therefor.
A special agreement: A special agreement shall be made to pay overdue interest of 4.5 million won and 24% per annum counting from June 1, 2017 to the time when the repayment is not made until December 31, 2017, and shall be held liable for civil and criminal liability following the agreement.
C. The Defendants did not pay KRW 45,000,000 as stipulated in the above agreement to the Plaintiff by December 31, 2017.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of determination, the defendants are jointly and severally liable to pay to the plaintiff 45,00,000 won with penalty of 49,50,000 won, which is the sum of the agreed amount of KRW 45,500,000 under the agreement in this case and penalty of 49,50,000,000, and the amount calculated by each of 12% per annum under the Civil Act, from January 1, 2018, the day following the date of payment of the agreement in this case, to July 6, 2020, when the duplicate of the application for the payment order in this case was delivered to the defendant C, and from the next day to the day of full payment.
3. In conclusion, the plaintiff's claim of this case is justified and it is ordered to accept it.